132 Minn. 170 | Minn. | 1916
Plaintiff owns lot 13 of block 22 in Eemington Park Addition to the city of Minneapolis, the same being located at the corner of TJpton avenue and Forty-third street. The topography of the land in this vicinity is hilly and the natural drainage from Forty-fourth street was, prior to certain improvements made by the city at that point, down TJpton avenue toward Forty-third street where plaintiff’s property is located. Long prior to the time here in question certain improvements were made at the intersection of Forty-fourth street and TJpton avenue, the purpose of which was to cause the waters collecting at that point to flow down Forty-fourth street, and finally into Lake Harriet, and to prevent the flow thereof down TJpton avenue. These improvements were in part by private individuals and in part by the city authorities. The street commissioner put in a drain and certain catch basins, and these with the other improvements served to take the waters down Forty-fourth street, and away from plaintiff’s property. At the time of, or prior to these improvements, a cross-walk upon a raised embankment was placed across Hpton avenue at Forty-fourth street, and this served as a dam and further prevented the water from flowing down TJpton avenue. A like cross-walk was constructed over Forty-fourth street, but the embankment was left open to facilitate the flow of water down that street. With these improvements in place plaintiff’s premises suffered no injury or damage from water coming down TJpton avenue, and the natural flow of water thereafter was down Forty-fourth street. In August, 1912, the city authorities constructed a sewer leading from Forty-third street and TJpton avenue, designed to take the waters collecting at that point down Forty-third street and into Lake Harriet. In connection with this work the authorities took out the improvements at Forty-fourth street and Hpton avenue; opened the embankment across
Order affirmed.